EACC given green light to go for unexplained wealth owned by public officers

The Ethics and Anti-Corruption Commission has received a landmark ruling regarding the recovery of unexplained assets from public officers.

The Supreme Court decision means that any asset held by a public officer and is not proportional to his legitimate source of income will be considered to have been acquired through corruption.

The Supreme Court made a ruling in a case that had been filed by former National Water Conservation and Pipeline Corporation Finance Manager, Stanley Mombo Amuti seeking to overturn the Court of Appeal decision requiring the public officers to explain how they acquired their wealth.

Amuti had earlier been served with a notice requiring him to provide a statement of his property as per Section 26 of Anti-corruption and Economic Crime Act (ACECA) 2003.

In 2019, the Court of Appeal judges Gatembu Kairu, Phillip Waki and Otieno Odek found that Amuti’s contestation that the lower court erred in applying and interpreting Sections 26 and 55 of the Anti-Corruption and Economic Crimes Act had no merit.

Amuti argued that at his position, he was able to acquire multi-million shilling properties given his over 25-year career in the civil service.

He said the EACC narrowed its period of investigations to 10 months from June 2008 when Sh140 million was sent to his accounts and Sh85 million was withdrawn.

The High Court had ordered that the asset be forfeited to the government.

EACC Chief Executive Officer Twalib Mbarak said the landmark ruling came at a time when the Parliament is considering Lifestyle Audit Bill, 2019.

He has asked the Parliament to expedite the Bill to boost war against corruption.

EACC boss added that the commission will continue working with other law enforcement agencies to fast track all the pending cases that had been affected by the long protracted legal battle on recovery of unexplained wealth.